Tampa Probate Mediation Attorney

The purpose of a Florida probate estate is to manage the final affairs of a deceased individual. This typically includes appointing a personal representative to oversee the estate. The personal representative will then gather the estate’s assets, pay any outstanding debts or expenses of the estate, and distribute whatever property remains to the heirs or beneficiaries of the deceased.

In most cases, this process goes smoothly. But if a legal dispute does arise, say between the personal representative and a beneficiary, litigation may follow. Litigation does not necessarily mean a long, drawn-out courtroom trial. Many probate disputes are resolved through mediation between the parties. An experienced Tampa probate mediation attorney can guide you through this process. Knudsen Law is a full-service Florida estate and probate firm that advises clients on the use of mediation and other forms of alternative dispute resolution.

Probate Mediation vs. Probate Litigation in Florida

Probate disputes can arise for a number of reasons. For example, there may be disagreements between family members as to the validity of the decedent’s will or should serve as personal representative. There may be accusations that the will was procured through fraud or undue influence on the deceased. Or the terms of a gift or bequest in the will may be ambiguous and subject to multiple interpretations.

Mediation offers an alternative to traditional litigation in these circumstances. In some cases, a Florida judge may order the parties to attempt mediation before proceeding with a trial. But it is critical to understand that successful mediation requires the participation, and ultimately the agreement, of all parties involved.

The reason for this is that a mediator is not arbitration. That is to say, a mediator is not there to take sides or decide the underlying probate dispute. The mediator’s function is simply to assist the parties in reaching an agreement on their own terms over any disputed issue. A mediator can facilitate discussion and help to narrow down the subjects of the dispute. But a mediator will not act as a judge. And if the parties are ultimately unable to reach agreement through mediation, they can still proceed with traditional litigation before the probate court.

If mediation does produce an agreement, however, it is legally binding on the parties. The court will still need to review the agreement to ensure it complies with Florida law. But the final agreement is effectively a contract with the force of law. So it is important that each party understands what they agree to in mediation and are prepared to live with the consequences.

Let Our Tampa Probate Mediation Attorneys Assist You Today

Mediation and other forms of alternative dispute resolution can save parties a good deal of time and money over traditional litigation. This can be especially attractive when facing the prospect of a prolonged probate dispute over a loved one’s estate. If you need legal advice or representation from a qualified Tampa probate mediation attorney, contact Knudsen law today at (727) 398-3600 to schedule a consultation.